What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
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How to Stay Safe When Driving in a Construction Zone
Construction zones on our roads serve an essential purpose in maintaining and improving our infrastructure, but they also present unique challenges. Every year, hundreds of lives are lost in work zone crashes across the United States, with thousands more suffering injuries.
As more cities and states undertake major infrastructure projects, construction zones have become a regular part of our daily commutes. Whether you’re traveling on local streets or highways, understanding how to drive safely through these areas can help protect both you and the dedicated workers who maintain our roadways.
This comprehensive guide will walk you through everything you need to know about avoiding car crashes in work zones, from recognizing common hazards to handling specific challenges like nighttime driving and sudden traffic pattern changes. Plus, what steps to take if you’re involved in a work zone accident.
If you or a loved one has been injured in a construction zone vehicle accident, […]
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Pottsville Personal Injury Lawyer
Accidents in Pottsville and surrounding communities can have an overwhelming physical, emotional, and financial toll. At Munley Law, our Pottsville personal injury lawyers provide skilled, compassionate representation for car accidents, truck accidents, workplace injuries, slip-and-falls, and medical malpractice cases throughout Schuylkill County.
Our Pottsville injury law firm was founded to provide skilled, compassionate representation that levels the playing field against powerful insurance companies. Whether you’ve suffered injuries on Route 61, in a mining accident, or due to medical malpractice at a local healthcare facility, our Schuylkill County personal injury attorneys have successfully recovered millions in compensation for clients just like you.
Contact our Pottsville personal injury law firm today for a free consultation. Located in downtown Pottsville, with no fees unless we win your case.
Why Choose a Pottsville Personal Injury Attorney at Munley Law?
There are hundreds of personal injury law firms in Schuylkill County, […]
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Doylestown Personal Injury Lawyer
When you’re dealing with mounting medical bills, missed work, and the physical pain of recovery, you need experienced legal guidance to protect your interests. A Doylestown personal injury lawyer from Munley Law can help you get back on your feet after a serious accident changes your life. Our attorneys understand the challenges that injury victims face in Bucks County — from complex insurance claims to securing proper medical care. We work tirelessly to hold negligent parties accountable and pursue the full compensation you need to move forward.
Whether you were hurt in a car crash, workplace accident, or due to someone else’s carelessness, our team has the skills and resources to handle your case effectively. Don’t wait to get the legal help you deserve. Contact Munley Law today for a free consultation with our Doylestown personal injury attorneys.
Your Rights After a Personal Injury in Doylestown
After an injury in Doylestown, […]
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Schuylkill County, PA – Truck Driver Hit After Leaving Truck on I-81
SCHUYLKILL COUNTY, PA (March 12, 2025) – A truck driver who had gotten out of his vehicle on Interstate 81 was hit by another vehicle in Schuylkill County on Monday.
According to the Pennsylvania State Police, the man was driving a 1994 Freightliner south when he was rear-ended near the Mahanoy Township exit of I-81 around 6 a.m. on March 10.
The truck driver had gotten out of his vehicle and was standing in the middle of the southbound lanes when he was hit by another vehicle.
Both the truck driver and the driver of the vehicle that hit him were taken to the hospital with serious injuries.
Police are investigating the accident.
Staying Safe At An Accident Scene in Schuylkill County
Many secondary accidents occur when drivers exit their vehicles on busy roadways, particularly in Schuylkill County, […]
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Philadelphia, PA – Truck Crash Causes Traffic on I-76
PHILADELPHIA, PA (March 11, 2025) —— A three-car crash on I-76 Westbound caused major traffic delays in Philadelphia.
A tractor trailer, a Mazda and a Chevrolet Cruise collided. Officials shared that the crash was likely caused by one of the drivers having a medical emergency.
The lane was blocked by the tractor trailer, contributing to the backup. Traffic has now cleared.
Officials continue to investigate.
Multi-Vehicle Accidents With Trucks in the Philadelphia Area
Truck accidents involving multiple vehicles have become an increasing concern for Philadelphia residents and commuters alike. These complex collisions, often occurring on major arteries like I-95, I-76, and the Schuylkill Expressway, can lead to catastrophic consequences, including severe injuries, fatalities, and extensive property damage. Unlike in simple two-car collisions, determining fault in multi-vehicle accidents with a truck often involves difficult investigations. Multiple parties may share varying degrees of responsibility, […]
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